The Supreme Court has dismissed a fundamental rights petition filed seeking an order to invalidate the appointment of Ranil Wickremesinghe as a Member of Parliament.
The decision was delivered today by a judge-bench comprising Justices Gamini Amarasekara, Shiran Gunaratne and Janak de Silva.
Announcing the decision, the bench noted that the petition was rejected by accepting the objections presented by the counsels who appeared for the respondent.
The petition had been filed by the General Secretary of ’Vinivida Peramuna’ and public interest litigator, Attorney-at-Law Nagananda Kodituwakku.
The petitioner had states that the fundamental rights of the people of the country have been violated by the appointment of United National Party (UNP) leader and Acting President Ranil Wickramasinghe as a National List Member of Parliament and requests the apex court to issue an order to nullify that appointment.
When the petition was called yesterday (18), the petitioner Mr. Kodituwakku stated before the court that according to the 14th amendment of the constitution, a person who contested the general election and lost cannot be appointed as a member through the national list.
He also pointed out that it is a legal requirement to submit the names of the members appointed for the national list to the Election Commission within a week of the end of the election, and that however Mr. Ranil Wickremasinghe’s name was sent to the Election Commission many months after the end of the 2020 general election.
He therefore argued that the Constitution has been violated through the decision to appoint Ranil Wickremasinghe as a National List Member of the United National Party.
Accordingly, he claimed that the decision to appoint Mr. Wickremasinghe as a National List MP as well as Acting President was against the law.
President’s Counsel Ronald Perera, who appeared for Mr. Ranil Wickremasinghe, presneting facts before the court yesterday alleged that the petitioner has filed this petition by concealing the facts.
He pointed out that the petitioner had previously filed a petition challenging Ranil Wickramasinghe’s appointment as a Member of Parliament and it had been rejected by the Supreme Court last year and accused the petitioner of concealing the mentioning of that fact in the petition.
Accordingly, he also alleged that the petitioner has concealed facts and distorted the truth through this petition.
Therefore, President’s Counsel Ronald Perera requested the court to dismiss this petition without hearing it.
Deputy Solicitor General Kanishka Silva, who appeared for the Attorney General, presented the facts before the court and pointed out that there is no legal basis to maintain this petition.
After considering all the facts, the bench announced its decision today and said that it accepted the preliminary objections presented by the respondents and decided to dismiss the petition without hearing it.
